Disclaimer: Of course, this is written by a lawyer, so you saw this coming. This article is general information for discussion and educational purposes. It is not legal advice.
Coming at a time when we are raw from its association as a symbol of hate in the massacre of nine worshippers at a historic South Carolina Church, discussions about the history, meaning and display of the Confederate battle flag are passionate and divisive.
In July, a Minnesota firefighter was suspended pending an investigation arising from flying the Confederate flag alongside the Stars and Stripes on a department truck in a 4th of July parade. He was removed from the department, supposedly following an investigation into the incident.
What does this have to do with your department?
Unless your jurisdiction has an ordinance prohibiting it, display of the Confederate flag is legal. So is burning the U.S. flag.
But your department would not tolerate on-duty burning of the U.S. flag as free speech. Do you equate the two? Would your taxpayers?
Conduct that does not fit snuggly into a specific policy forces an analysis of policies on unbecoming conduct or conduct that reflects negatively on the department.
If your department has a Confederate flag policy, let me know. I’d like to see it.
Tensions increase and the analysis can be more troublesome with off-duty conduct. How would you address a firefighter who displays the Confederate flag at his home, or a firefighter who has a Confederate flag sticker on her vehicle?
Three considerations
Here are a few points to consider in the discussion of firefighter conduct absent a specific policy.
First consider the department’s culture. Examine your department’s code of conduct and conduct unbecoming policy.
When were they last reviewed and updated? Also look at whether or not they have been applied in the past. And ask if they accurately reflect the culture your department strives to maintain.
Next consider public trust. It is important to weigh the impact and potential impact on the community, the taxpayers who support the department.
Finally, consider the context. Are you curious about the connection, if any, between a Minnesota department and the Confederate flag? Would a historic connection make a difference?
Additionally, the federal flag code contains rules for displaying the U.S. Flag. Your state may have additional statutes and penalties related to display of the U.S. Flag as well as your state flag.